Washington County ~ IG210001 ~ Intergovernmental Agreement Between Washington County And City Of Tigard For Small Business Grant Program DocuSign Envelope ID:59CD88F9-801F-4854-8F9E-OF104FCD6B75
Contract No:
INTERGOVERMENTAL AGREEMENT AMENDMENT NO. 1 20-1902
This Amendment No. 1 is made and entered into by and between, City of Tigard("Organization")and
Washington County, a political subdivision of the State of Oregon("County"), County and Organization
may be jointly referred to herein as the"Parties"or individually as a"Party."
On August 7th,2020 the Parties entered into the Intergovernmental Agreement#20-1320,whereby
County provided funds from the CRF program to cover Organization's Small Business Grant program
providing financial assistance to businesses who have been impacted by COVID-19.
This Amendment No. modifies that Agreement between the parties,the original contract number being
20-1320.
The Agreement is amended as follows:
Section 1.7 shall be modified as follows:
City agrees that any Small Business Grant Program funds not distributed or committed by
November- 15,2020 December 30th,2020 will be returned to the County no later than mer
20,2020 January 4,2021.No invoice from the County shall be required under this term.
Section 1.8 shall be modified as follows:
Upon conclusion of the City Program, and no later than Deeeffiber—1, 9 January 4, 2021,the
City shall provide the County with a final report which, at minimum,will provide how many
businesses received grants,demographic data on award recipients, information specifying
participation by historically disadvantaged business owners,receipts, invoices and other relevant
documentation showing compliance with the CARES Act and this Agreement,agency audits, if
any, and any other information relevant to the City Program.
Section 4.1 shall be modified as follows:
This Agreement becomes effective on the last date signed below and shall terminate on Deeember
31, 0 January 31,2021,unless extended by mutual written consent of the Parties.
Attachment R shall be replaced in its entirety with the attached.
Effective Date of Amendment:November 23,2020, or upon final signature,whichever is later.
All other terms and conditions of the original contract shall remain in full force and effect.
Page 1 of 2
Amendment No.1-Washington County and City of Tigard-SBG Grant
DocuSign Envelope ID:59CD88F9-801F-4854-8F9E-OF104FCD6B75
WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly
authorized signatures below.
WASHINGTON COUNTY, OREGON
$ia.UVjSfr6m 1112512020 1 17:47 PST
C,AF
AUTHORIZED SIGNATURE DATE
Sia Lindstrom Deputy County Administrator
PRINTED NAME TITLE
CITY OF TIGARD,OREGON
DocuSigned by:
"1 �� 11/25/2020 1 14:21 PST
AUTHORIZED SIGNATURE#1 DATE
Kathy Nyland Interim City Manager
PRINTED NAME TITLE
Page 2 of 2
Amendment No.1-Washington County and City of Tigard-SBG Grant
DocuSign Envelope ID:59CD88F9-801 F-4B54-8F9E-OF1 04FCD6B75
ATTACHMENT R
Intergovernmental Agreement ONLY
COVID-19 RESPONSE
Required for all Agreements that are funded in whole or in part by Federal Grant Funds
Clauses required in non-Federal entity's contracts
Source: 2 CFR Part 200,Appendix II
Catalog of Federal Domestic Assistance (CFDA) number(s) of federal funds to be paid through
this Agreement: 21.019
Contractor or Sub-Recipient Determination -Washington County determines that:
❑ Recipient is a sub-recipient; OR ❑ Recipient is a contractor
AUDIT CLAUSES
Recipient shall comply with the following applicable provisions below.
Audits/Costs
A. Recipients receiving federal funds in excess of$750,000 from all sources in the Recipient's fiscal year
are subject to audit conducted in accordance with the provisions of 2 CFR part 200, subpart F.
Subrecipient, if subject to this requirement shall at Recipient's own expense submit to County a copy of,
or electronic link to, its annual audit subject to this requirement covering the funds expended under this
Agreement and shall submit or cause to be submitted to County the annual audit of any subrecipients(s),
contractor(s), or subcontractor(s) of Subrecipient responsible for the financial management of funds
received under this Agreement.
B. Audit costs for audits not required in accordance with 2 CFR part 200, subpart F are unallowable. If
Subrecipient did not expend$750,000 or more in Federal funds in its fiscal year, but contracted with a
certified public accountant to perform and audit, costs for performance of that audit shall not be charged
to the grant.
C. Subrecipient shall save, protect and hold harmless County from the cost of any audits or special
investigations performed by the Federal awarding agency or any federal agency with respect to the funds
expended under this Agreement. Subrecipient acknowledges and agrees that any audit costs incurred by
Subrecipient as a result of allegations of fraud, waste or abuse are ineligible for reimbursement under
this or any other agreement between Subrecipient and the County.
Maintenance of Financial Records
Recipient must maintain auditable financial records per generally accepted accounting principles and in
accordance with OAR 309-013-0075 through 0220 and in sufficient detail to permit County or the State to
verify how any payments received under this Agreement were expended.
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ECATS ATTACHMENT R-IGA For use with IGAs only
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Access to Records
Recipient agrees to permit a program reviewer or an auditor of the Federal, State, or County government or their
agents to have access to records and financial statements as may be necessary. Access to records by the County
or State may be with notice or without notice. Any refunds to or disallowances by the Federal Government, the
State, or the County resulting from audits shall be the sole responsibility of Recipient for payment to the Federal
Government, the State, or the County.
Cost Principles
The parties agree to comply with any applicable cost principles established for determining the allowable costs
incurred as set forth in 2 CFR 200 (Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards), OR circulars superseded by 2 CFR 200 (OMB Circular A-87 (State and
Local Governments), OMB Circular A-122 (Nonprofit Organizations), OMB Circular A-21 (Institutions of
Higher Learning), 45 CFR Part 74 (Appendix E Hospitals), FAR 48 Subpart 31.2 (For profit Organizations).
The parties further agree to comply with, as applicable, the administrative standards for grants set forth in 2
CFR 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards).
Financial Reports
Recipients determined to be sub-recipients of Federal funds who receive Federal awards during the current
contract year from County shall provide County with a Financial Report prepared in accordance with generally
accepted accounting principles upon which an independent certified public accountant has expressed an
opinion. Such report shall account for funds received during the County's fiscal year, July 1 through June 30, or
any part of the County's fiscal year occurring during the term of this Agreement. The report must be submitted
within six months of the Recipient's fiscal year end. If the Recipient is unable to meet the deadline, they may
request, in writing, an extension of up to three months. Failure to provide County with the annual Financial
Report may result in withholding of payments due to the Recipient or termination of this agreement. If the
Recipient has a different fiscal year from the County, then the report shall account for funds received during the
Recipient's fiscal year.
Expenditure Records
Recipient shall document the expenditure of all funds paid to Recipient under this Agreement.
Unless applicable federal law requires Recipient to utilize a different accounting system,
Recipient shall create and maintain all expenditure records in accordance with generally accepted
accounting principles and in sufficient detail to permit County to verify how the funds paid to
Recipient under this contract were expended.
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ECATS ATTACHMENT R-IGA For use with IGAs only
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I. Government Entity (Recipient) shall comply with all applicable provisions below.
(A)Administrative, contractual, or legal remedies are addressed in the Intergovernmental Agreement
(Sections 6, 8, 9, and 10) as well as any other applicable provisions in the Agreement and Attachments
(B) Termination provisions are addressed in the Intergovernmental Agreement(Section 6) as well as any
other applicable provisions in the Agreement and Attachments
(C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
"Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
(D)Davis-Bacon Act, as amended(40 U.S.C. 3141-3148). If required by the federal funding source and if
this Agreement is a prime construction contract in excess of $2,000, Recipient shall comply with the
Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5 "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). If this section applies, Recipient must pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made by the
Secretary of Labor. In addition, Recipient must pay wages not less than once a week. If applicable, the
County will place a copy of the current prevailing wage determination issued by the Department of
Labor in the solicitation. The decision to award a Contract is conditioned upon the acceptance of the
wage determination. If applicable, the County will place a copy of the current prevailing wage
determination issued by the Department of Labor in the solicitation. If applicable, Recipient must accept
the wage determination. If applicable, County will report all suspected or reported violations by
Recipient to the Federal awarding agency. If applicable, Recipient must comply with the Copeland
"Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Government Entitys and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). The Act provides that each Recipient is
prohibited from inducing, by any means, any person employed in the construction, completion, or repair
of public work, to give up any part of the compensation to which he or she is otherwise entitled. If
applicable, County will report all suspected or reported violations by Recipient to the Federal awarding
agency.
(E) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). If the amount of this
contract exceeds $100,000 and involves the employment of mechanics or laborers Recipient shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
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Part 5). Under 40 U.S.C. 3702 of the Act, if applicable, Recipient shall compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the funding for this Contract meets
the definition of"funding agreement"under 37 CFR 401.2(a) and Contract is a small business firm or
nonprofit organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under this Agreement, Recipient must comply with the requirements of
37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the federal awarding agency.
(G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387). If the amount of this contract exceeds $150,000 Recipient shall comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the
Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations shall be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
(H)Debarment and Suspension (Executive Orders 12549 and 12689).
Government Entity Certification Regarding Debarment, Suspension, Proposed Debarment and other
Responsibility Matters. The Government Entity certifies to the best of its knowledge and belief that
neither it nor any of its principals:
a. Are presently debarred, suspended,proposed for debarment, or declared ineligible from
submitting bids or proposals by any federal, state or local entity, department or agency;
b. Have within a three-year period preceding this offer, been convicted or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performance of a public (Federal, state or local) contract or
subcontract; violation of Federal or state antitrust statues relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statement, tax evasion, or receiving stolen property;
c. Are presently indicted for, or otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in paragraph 15.2 of this certification;
d. Have within a three-year period preceding this offer, had one or more contracts terminated for
default by any Federal, state or local public agency.
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Attachment R
e. Are on the list titled"Specially Designated Nationals and Blocked Persons" maintained by the
Office of Foreign Assets Control of the United States Department of the Treasury and currently
found at: hqp://www.treas.gov/offices/enforcement/ofac/sdn/tllsdn.pdf
f. Are out of compliance with the tax laws of Oregon and all tax laws of political subdivisions of
the State of Oregon, including, but not limited to, ORS 305.620 and ORS chapters 316, 317 and
318. Washington County may terminate the contract if Government Entity fails to comply with
any tax laws during the term of the contract.
(I) 2 CFR Section 200.322 Procurement of recovered materials. Government Entity must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
(J) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) By signing this Agreement, the Recipient
certifies,to the best of the Recipient's knowledge and belief that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of Recipient, to
any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any federal contract, grant, loan
or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan or cooperative agreement, the Recipient shall
complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance
with its instructions.
c. The Recipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients and subcontractors shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed when this
Agreement was made or entered into. Submission of this certification is a prerequisite for
making or entering into this Agreement imposed by section 1352, Title 31 of the U.S. Code. Any
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person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
e. No part of any federal funds paid to Recipient under this Agreement shall be used, other than for
normal and recognized executive legislative relationships, for publicity or propaganda purposes,
for the preparation, distribution before the United States Congress or any State or local
legislature itself, or designed to support or defeat any proposed or pending regulation,
administrative action, or order issued by the executive branch of any State or local government.
f. No part of any federal funds paid to Recipient under this Agreement shall be used to pay the
salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to
any activity designed to influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive Order proposed or pending before the United States Congress
or any State government, State legislature or local legislature or legislative body, other than for
normal and recognized executive-legislative relationships or participation by an agency or officer
of a State, local or tribal government in policymaking and administrative processes within the
executive branch of that government.
g. The prohibitions in subsections 5 and 6 of this section shall include any activity increase, or any
proposed,pending, or future requirement or restriction on any legal consumer product, including
its sale or marketing, including but not limited to the advocacy or promotion of gun control.
h. No part of any federal funds paid to Recipient under this Agreement may be used for any activity
that promotes the legalization of any drug or other substance included in schedule I of the
schedules of controlled substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive congressional communications. This limitation
shall not apply when there is significant medical evidence of a therapeutic advantage to the use
of such drug or other substance or that federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
II. FEMA Required Language:
(A) To be eligible for FEMA assistance under the County's FEMA grant or cooperative agreement, the cost
of the change, modification, change order, or construction change must be allowable, allocable, within
the scope of the County's grant or cooperative agreement, and for the completion of project scope. All
changes to this Agreement to alter the method, price or schedule of work must be approved by written
amendment to this Agreement signed by both parties.
(B) Access to Records: In addition to any other term or condition regarding access to records in this
Agreement, Government Entity agrees to provide the FEMA administrator, the Comptroller General of
the United States, or any of their authorized representatives access to any books, documents,papers, and
records of the Government Entity which are directly pertinent to this Agreement for the purposes of
making audits, examinations, excerpts, and transcripts. The Government Entity agrees to permit any of
the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as
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reasonably needed. The Government Entity agrees to provide the FEMA Administrator or his/her
authorized representatives access to construction or other work sites pertaining to the work being
completed under the Agreement.
(C)Government Entity shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
(D)Government Entity acknowledges that FEMA financial assistance will be used to fund this Agreement
only and can be used for no other purposes. Government Entity will comply with all applicable federal
law, regulations, executive orders, FEMA policies, procedures, and directives.
(E) The Federal Government is not a party to this Agreement and is not subject to any obligations or
liabilities to the County, Government Entity, or any other party pertaining to any matter resulting from
this Agreement.
(F) Government Entity acknowledges that 31 USC Chapter 38 (Administrative Remedies for False Claims
and Statements) applies to Government Entity's actions pertaining to this Agreement.
IIL HIPAA Compliance. If the work performed under this Contract is covered by the Health Insurance
Portability and Accountability Act or the federal regulations implementing the Act(collectively referred to as
HIPAA), Government Entity agrees to perform the work in compliance with HIPAA.
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ECATS ATTACHMENT R-IGA For use with IGAs only
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Information Required by 2 CFR 200.331 (a)
1. CFDA Number: 21.019
CFDA Name: CARES Act- Coronavirus Relief Fund
Amount $ 10,000,000.00
2. Federal Award Identification:
i. Contractor name (must match DUNS name):
City of Tigard
ii. Contractor DUNS number: 080105646
iii. Federal Award Identification Number(FAIN): N/A
iv. Federal Award Date: March 27, 2020
V. Sub-Award Period of Performance Start/End Dates: From: Aug To:Dec
vi. Total Amount of Federal Funds Obligated by $ 1,631,000.00
this Agreement:
vii. Total Amount of Federal Award Obligated to $ 1,781,000.00
the Subrecipient by the pass-through Entity:
viii. Total Amount of Federal Award Committed to $ 2,127,999.00
the Subrecipient by the pass-through Entity:
ix. Federal Award Project Description:
The Small Business Grant Program is to provide CARES Act-CRF Funds to local cities to fund grants to small
businesses effected by COVID-19.
X. Name of Federal Awarding Agency,pass-through Entity, and contact information for awarding
official of the pass-through entity:
a. Name of Federal Awarding Agency: U. S. Treasury
b. Name of pass-through Entity: Washington County, OR
c. Contact information for awarding official of the pass-through Entity:
Sia Lindstrom sia_lindstrom@co.washington.or.us
xi. Washington County Program Name:
Small Business Grant Program
xii. Is Award R&D? Yes ❑
xiii. Indirect Cost Rate for Federal Award: 0%
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ECATS ATTACHMENT R-IGA For use with IGAs only
DocuSign Envelope ID:59CD88F9-801 F-4854-8F9E-OF104FCD6B75
For Administrative Use Only—Z99999
Supplier Name: City of Tigard
Actual Contract Number(CustomText4):20-1902
Department(Location): SS-Finance
Contract Type: 6 Amendment
Contract Sub Type(Custom2Code):
Minute Order Date:
Minute Order Number:
Master Contract Number(CustomTextl): 20-1320
Bid/RFP#(BidRFP):
BPO Number(CustomlCode): Expense Contract
SHIP TO(LocShipTo): SS-Finance
BILL TO(LocBillTo): SS-Finance
Project Number(CustomText2):
Chargeable Program Number(ChargeProgram):
Contract Admin(Administrator): Will Culver
2019 WASHINGTON COUNTY-ARCHIVE RECEIPT
Docu5�".
6 S E C U R E 6
Certificate Of Completion
Envelope Id:59CD88F9801 F4B548F9EOF104FCD61375 Status:Completed
Subject: Please DocuSign:Contract#20-1902:City of Tigard
Source Envelope:
Document Pages: 11 Signatures:2 Envelope Originator:
Certificate Pages:5 Initials:0 Kittie Kong
AutoNav: Enabled 155 N. First Ave,Suite 270
Envelopeld Stamping: Enabled MS28
Time Zone: (UTC-08:00)Pacific Time(US&Canada) Hillsboro,OR 97124-3087
kittie_kong@co.washington.or.us
IP Address:204.147.152.5
Record Tracking
Status:Original Holder:Kittie Kong Location: DocuSign
11/25/2020 1:29:45 PM kittie_kong@co.washington.or.us
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status:Connected Pool:Washington County Location: DocuSign
Signer Events Signature Timestamp
Kathy Nyland DocuSignedby: Sent: 11/25/2020 1:33:10 PM
kathyn@tigard-or.gov "LUA�, Viewed: 11/25/2020 2:19:31 PM
Interim City Manager E1089B3C90704485_ Signed: 11/25/2020 2:21:26 PM
Security Level: Email,Account Authentication
(None),Access Code Signature Adoption: Pre-selected Style
Using IP Address:73.37.9.47
Electronic Record and Signature Disclosure:
Accepted: 11/25/2020 2:19:31 PM
ID:64362caa-5415-4815-a93b-129cbOf09c2e
Sia Lindstrom Do uSignedby: Sent: 11/25/2020 2:21:28 PM
�lVJSJrbKA t&
E7AFF957C9D2943D
sia_lindstrom@co.washington.or.us Viewed: 11/25/2020 5:47:11 PM
Deputy County Administrator Signed: 11/25/2020 5:47:35 PM
Washington County,Oregon
Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style
(None),Access Code Using IP Address:204.147.152.15
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/25/2020 1:33:10 PM
Certified Delivered Security Checked 11/25/2020 5:47:11 PM
Signing Complete Security Checked 11/25/2020 5:47:35 PM
Completed Security Checked 11/25/2020 5:47:35 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 1/18/2019 1:30:30 PM
Parties agreed to:Kathy Nyland
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DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
20-1320
INTERGOVERNMENTAL AGREEMENT
BETWEEN WASHINGTON COUNTY AND CITY OF Tigard
For Small Business Grant Program
This INTERGOVERMENTAL AGREEMENT ("Agreement") is made and entered
between WASHINGTON COUNTY, a political subdivision of the State of Oregon, acting by
and through its elected officials, hereinafter referred to as "County",and City of Tigard an
Oregon municipal corporation, acting by and though its City Council,hereinafter referred to as
"City." County and City may be jointly referred to herein as the"Parties"or individually as a
Party.
RECITALS
1. WHEREAS, ORS 190.010 authorizes agencies to enter into intergovernmental
agreements for the performance of any or all functions and activities that a parry to the
agreement has the authority to perform; and
2. WHEREAS, on March 8, 2020 the Governor of Oregon declared an emergency under
ORS 401.165 et. seq. due to the public health threat posed by the novel infectious
coronavirus disease (COVID-19); and
3. WHEREAS, on March 11, 2020, COVID-19, which spreads person-to-person through
coughing, sneezing and close personal contact, was declared a pandemic by the World
Health Organization; and
4. WHEREAS on March 13, 2020 the President of the United States declared the COVID-
19 outbreak a national emergency; and
5. WHEREAS on March 23, 2020, Oregon Governor Kate Brown issued Executive Order
20-12 (EO 20-12) which, among other things, ordered closure and prohibited operation of
a wide range of businesses, restricted the operations of restaurants, bars, brew pubs, wine
bars, cafes, food courts and coffee shops, and required social distancing for other retail
businesses; and
6. WHEREAS, on March 27, 2020 the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act)became law and established the $150 billion Coronavirus Relief Fund
(Fund) from which the U.S. Department of the Treasury made payments to eligible units
of local government, including the County; and
7. WHEREAS, the County received a payment from the Fund which, subject to the
requirements of the CARES Act, can be used to cover expenditures related to the
provision of grants to small businesses to reimburse the costs of business interruption
caused by required closures or restrictions; and
8. WHEREAS, the City, desires to implement and operate a program, subject to the
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Washington County Small Business Grant with City of Tigard
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
requirements of the CARES Act and County criteria, to provide grants to small
businesses located within the City's jurisdictional boundaries for necessary expenses due
to the COVID-19 public health emergency; and
9. WHEREAS, on June 23, 2020, the Washington County Board of Commissioners
approved the distribution of$10,000,000.00 from the County's allocation of the Fund
(Small Business Grant Program fund) for small business grant support in Washington
County; and
10. WHEREAS, the County desires that a portion of the $10,000,000.00 Small Business
Grant Program fund be transferred to its cities,recognizing that cities are in a good
position to know the particular needs of their business communities; and
11. WHEREAS the City has requested a $1,631,000 distribution from the Small Business
Grant Program; and
12. WHEREAS, the County desires to provide the City a portion of the Small Business Grant
Program funds for the provision of small business grants for expenses made necessary by
the COVID-19 public health threat.
AGREEMENT
NOW, THEREFORE, the premises being in general as stated in the foregoing recitals and in
consideration of the terms, conditions and covenants set forth below, the Parties agree as follows:
Article 1 CITY OBLIGATIONS
1.1 City shall develop and implement a grant program (City Program) to provide
grants to assist small businesses within the City's jurisdictional boundary. The
City Program shall:
1.1.1 Comply with the CARES Act and ensure all expenditures covered by
grants provided with the Small Business Grant Program funds comply
with the CARES Act and:
1.1.1.1 Are necessary expenditures incurred due to the public health
emergency with respect to the COVID-19 within the meaning the
CARES Act; and
1.1.1.2 Were not accounted for in the City's most recently approved
budgets as of March 27, 2020; and
1.1.2.3 Were incurred during the period that begins March 8, 2020 and
ends on December 30, 2020.
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Washington County Small Business Grant with City of Tigard
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
1.1.2 Adhere to official federal guidance issued or to be issued on what
constitutes a necessary expenditure. City will regularly review the
guidance established by the U.S. Department of Treasury and will warrant
that all small business grant expenditures have met the required guidance.
1.1.3 Develop and impose eligibility criteria that requires a recipient to have a
physical presence in Washington County and within the jurisdiction
boundaries of the City.
1.1.4 Ensure business owners from historically disadvantaged populations have
equitable access to the City Program and the Small Business Grant
Program funds.
1.2 City may implement and operate the City Program internally or may contract with
a third party to implement and operate the City Program. If the City contracts with
a third party to implement and operate the City Program, City may use Small
Business Grant Program funds to cover a reasonable fee, relative to the total
amount of the program, so long as such expense otherwise complies with the
CARES Act.
1.3 Within 10 business days of execution of this Agreement, City shall provide
County with a written plan detailing the implementation and operational specifics
of the City Program and demonstrating the City Program complies with this
Agreement. The City Program will provide for all Small Business Grant Program
funds to be awarded and committed by November 15, 2020. Prior to
disbursement of funds,the County will review the City Program plan for
compliance and reserves the right to withhold any allocation of Small Business
Grant Program funds to the City until the County has approved the City Program.
1.5 City may invoice the County for up to $ 1,631,000 of the Small Business Grant
Program funds together with submission of the City Program documentation.
1.6 No later than September 30, 2020, City shall submit to the County a report which
provides how many grants, together with award amounts, have been awarded and
committed, the amount of Small Business Grant Program funds that remain
uncommitted, and a plan detailing how the remainder of the Small Business Grant
Program funds will be allocated by November 15, 2020 according to the City
Program.
1.7 City agrees that any Small Business Grant Program funds not distributed or
committed by November 15, 2020 will be returned to the County no later than
November 20, 2020. No invoice from the County shall be required under this
term.
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Washington County Small Business Grant with City of Tigard
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1.8 Upon conclusion of the City Program, and no later than December 1, 2020, the
City shall provide the County with a final report which, at minimum, will provide
how many businesses received grants, demographic data on award recipients,
information specifying participation by historically disadvantaged business
owners, receipts, invoices and other relevant documentation showing compliance
with the CARES Act and this Agreement, agency audits, if any, and any other
information relevant to the City Program.
1.9 The City shall require that all written marketing materials, press releases and
reporting regarding the City's Program or use of the City's allocation of the Small
Business Grant Program will acknowledge the County as the funder.
1.10 The City agrees not to cover its own expenditures that may otherwise be eligible
expenditures under the CARES Act with the Small Business Grant Program
funds.
1.11 City will not use any of the Small Business Grant Program funds provided by the
County as a revenue replacement for lower than expected tax or other revenue
collections or for any other purpose not allowed by the CARES Act.
1.12 City will not use the Small Business Grant Programs funds for small business
grant expenditures for which the City has already received any other emergency
COVID-19 supplemental funding for the same expenditure.
1.13 City will retain, and require any recipient or contractor administering the City's
Program to retain, all necessary documentation of all uses of the Small Business
Grant Program funds including but not limited to invoices and receipts in a
manner consistent with §200.333 Retention requirements for records of 2 CFR 2
Part 200 Uniform Administrative Requirements, Cost Principals, and Audit
Requirements for Federal Awards (Uniform Guidance). Such documentation shall
be promptly produced to the County upon request and may be subject to audit by
the County or County's authorized agent.
1.14 City will comply, and require any recipient or contractor administering the City's
Program, to comply with all terms in Attachment R.
Article 2 COUNTY OBLIGATIONS
2.1 County shall review City Program plan and provide comments or approval within
5 business days of submission. In the event the County requests changes to the
City Program, City will resubmit the City Program plan as soon as practical and
County will review and provide comments or approval within 2 business days of
resubmittal. Review and resubmittal shall continue until the County approves the
City Program, if at all.Nothing in this section requires the County to approve the
City Program.
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Washington County Small Business Grant with City of Tigard
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
2.2 County shall distribute $1,631,000 from the Small Business Grant Program funds
within fourteen(14) days of County approval of the City's Program.
Article 3 GENERAL PROVISIONS
3.1 LAWS OF OREGON
The Parties shall comply with all applicable laws and regulations regarding the
handling and expenditure of public funds. This Agreement shall be construed and
enforced in accordance with the laws of the State of Oregon.
3.2 DEFAULT
Time is of the essence in the performance of the Agreement. Either Party shall be
deemed to be in default if it fails to comply with any provisions of this
Agreement. The non-defaulting Party shall provide the other Party with written
notice of default and allow thirty(30) days within which to cure the defect.
3.3 INDEMNIFICATION
This Agreement is for the benefit of the Parties only. City agrees to indemnify and
hold harmless the County, and its elected officials, directors, officers, employees,
and agents, from and against all claims, demands and causes of actions and suits
of any kind or nature for personal injury, death or damage to property on account
of or arising out of services performed, the omissions of services or in any way
resulting from the negligent or wrongful acts or omissions of the indemnifying
party and its officers, employees and agents. To the extent applicable, the above
indemnification is subject to and shall not exceed the limits of liability of the
Oregon Tort Claims Act(ORS 30.260 through 30.300). City shall give County
prompt written notice of any action or suit filed or any claim made against the
County that may result in ligation in any way related to this Agreement. County
retains the right, in its discretion, to defend any action with Counsel of this
choosing.
3.4 INSURANCE
City shall main insurance levels or self-insurance in accordance with ORS 30.282,
for the duration of this Agreement at levels necessary to protect against public
body liability as specified in ORS 30.269 through 30.274.
3.5 MODIFICATION OF AGREEMENT
No waiver, consent, modification or change of terms of this Agreement shall be
binding unless in writing and signed by both Parties. The Parties agree that this
Agreement may require modification as additional guidance becomes available.
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Washington County Small Business Grant with City of Tigard
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
3.6 DISBURSEMENTS REMAIN SUBJECT TO RECOVERY
All disbursements and payments under this Agreement, remain subject to
recovery from City in accordance with the following:
i. Notice of Underexpenditure, Overexpenditure, or Misexpenditure.
If County finds there has been an underexpenditure, overexpenditure or
misexpenditure of moneys disbursed under this Agreement, County shall provide
City with written notice thereof,with a detailed spreadsheet providing supporting
data of an underexpenditure, overexpenditure or misexpenditure, and County and
City shall engage in the process described in the Recovery of Underexpenditure,
Overexpenditure or Misexpenditure section below.
ii. Recovery of Underexpenditure, Overexpenditure or Misexpenditure.
(a) City's Response. City shall have 90 calendar days from the effective
date of the notice of underexpenditure, overexpenditure or misexpenditure
or from the date of receipt of the notice, whichever is later, to pay County
in full or notify County that it wishes to engage in the appeals process set
forth in the Appeals Process section below. If City fails to respond within
that 90 calendar-day time period, City shall promptly pay the noticed
underexpenditure, overexpenditure or misexpenditure.
(b) Appeals Process. Upon receipt of the final notice, if City notifies
County that it wishes to engage in the Appeals Process, City and County
shall engage in non-binding discussions to give the City an opportunity to
present reasons why it believes that there was no underexpenditure,
overexpenditure or misexpenditure, or that the amount of the
underexpenditure, overexpenditure or misexpenditure was different than
the amount identified by County, and to give County the opportunity to
reconsider its notice. City and County may negotiate an appropriate
apportionment of responsibility for the repayment of an underexpenditure,
overexpenditure or misexpenditure. At City request, County will meet and
negotiate with City in good faith concerning appropriate apportionment of
responsibility for repayment of an underexpenditure, overexpenditure or
misexpenditure. In determining an appropriate apportionment of
responsibility, City and County may consider any relevant factors. An
example of a relevant factor is the extent to which either Party contributed
to an interpretation of a statute, regulation or rule prior to the expenditure
that was officially reinterpreted after the expenditure. If County and City
reach agreement on the amount owed to County, City shall promptly repay
that amount to County by issuing payment to County. If County and City
are unable to agree to whether there has been an underexpenditure,
overexpenditure or misexpenditure or as to the amount owed, the parties
Page 6 of 9
Washington County Small Business Grant with City of Tigard
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
may agree to consider further appropriate dispute resolution processes,
including mediation and arbitration.
3.7 DISPUTE RESOLUTION
The Parties shall attempt to informally resolve any dispute concerning any Party's
performance or decisions under this Agreement, or regarding the terms,
conditions or meaning of this Agreement. A neutral third party may be used if the
Parties agree to facilitate these negotiations. In the event of an impasse in the
resolution of any dispute,the issue shall be submitted to the governing bodies of
both Parties for a recommendation or resolution.
3.8 REMEDIES
Subject to the provisions in paragraph 3.6 and 3.7, any Party may institute legal
action to cure, correct or remedy any default, to enforce any covenant or
agreement herein, or to enjoin any threatened or attempted violation of this
Agreement. All legal actions shall be initiated in Washington County Circuit
Court. The Parties, by signature of their authorized representatives below, consent
to the personal jurisdiction of that court.
3.9 EXCUSED PERFORMANCE
In addition to the specific provisions of this Agreement, performance by any Party
shall not be in default where delay or default is due to war, insurrection, strikes,
walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God,
governmental restrictions imposed on or mandated by governmental entities other
than the Parties, enactment of conflicting state or federal laws or regulations, new
or supplementary environmental regulation, litigation or similar bases for excused
performance that are not within the reasonable control to the Party to be excused.
3.10 SEVERABILITY
If any one or more of the provisions contained in this Agreement is invalid, illegal
or unenforceable in any respect,the validity, legality and enforceability of the
remaining provisions of the Agreement will not be affected or impaired in any
way.
3.11 INTEGRATION
This Agreement is the entire agreement of the Parties on its subject and
supersedes any prior discussions or agreements regarding the same subject.
Article 4 TERM OF AGREEMENT and SURVIVAL
4.1 This Agreement becomes effective on the last date signed below and shall
Page 7 of 9
Washington County Small Business Grant with City of Tigard
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
terminate on December 31, 2020,unless extended by mutual written consent of
the Parties.
4.2 City Obligations 1.6, 1.8, 1.11, 1.12 and 1.13 and General Provisions 3.3, 3.6 and
3.8 shall survive termination or expiration of this Agreement.
WHEREAS, all the aforementioned is hereby agreed upon by the Parties and executed by the
duly authorized signatures below.
WASHINGTON COUNTY, OREGON
4. 8/6/2020 1 19:39 PDT
AUTHORIZED SIGNATURE DATE
Sia Lindstrom Deputy County Administrator
PRINTED NAME TITLE
ED—Sig"Id by:
"w Auss 8/6/2020 1 15:14 PDT
206A509868D34E3...
RECORDING SECRETARY SIGNATURE DATE
Kevin Moss
PRINTED NAME
CITY OF TIGARD, OREGON
E'hDocuSigf1ned by:
ay�, UJI , 8/6/2020 1 14:19 PDT
F 15RV7d17dr1dFQ
AUTHORIZED SIGNATURE #1 DATE
Marty Wine City Manager
PRINTED NAME TITLE
Page 8 of 9
Washington County Small Business Grant with City of Tigard
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
APPROVED AS TO FORM:
COUNTY CITY
DocuSigned by: DoQcu�S�iiglnned by:
Ehg
V 39251 �l t, Ea,
4vit,SSLA& 0 Nv'E634B8E55324AE.-
COUNTY COUNCIL SIGNATURE CITY ATTORNEY SIGNATURE
Cortney Duke-Driessen Shelby Rihala
PRINTED NAME PRINTED NAME
8/6/2020 1 15:22 PDT 8/6/2020 1 11:24 PDT
DATE DATE
Page 9 of 9
Washington County Small Business Grant with City of Tigard
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
ATTACHMENT R
Intergovernmental Agreement ONLY
COVID-19 RESPONSE
Required for all Agreements that are funded in whole or in part by Federal Grant Funds
Clauses required in non-Federal entity's contracts
Source: 2 CFR Part 200,Appendix II
Catalog of Federal Domestic Assistance (CFDA) number(s) of federal funds to be paid through
this Agreement: 21.019
Contractor or Sub-Recipient Determination -Washington County determines that:
❑ Recipient is a sub-recipient; OR ❑ Recipient is a contractor
AUDIT CLAUSES
Recipient shall comply with the following applicable provisions below.
Audits/Costs
A. Recipients receiving federal funds in excess of$750,000 from all sources in the Recipient's fiscal year
are subject to audit conducted in accordance with the provisions of 2 CFR part 200, subpart F.
Subrecipient, if subject to this requirement shall at Recipient's own expense submit to County a copy of,
or electronic link to, its annual audit subject to this requirement covering the funds expended under this
Agreement and shall submit or cause to be submitted to County the annual audit of any subrecipients(s),
contractor(s), or subcontractor(s) of Subrecipient responsible for the financial management of funds
received under this Agreement.
B. Audit costs for audits not required in accordance with 2 CFR part 200, subpart F are unallowable. If
Subrecipient did not expend$750,000 or more in Federal funds in its fiscal year, but contracted with a
certified public accountant to perform and audit, costs for performance of that audit shall not be charged
to the grant.
C. Subrecipient shall save, protect and hold harmless County from the cost of any audits or special
investigations performed by the Federal awarding agency or any federal agency with respect to the funds
expended under this Agreement. Subrecipient acknowledges and agrees that any audit costs incurred by
Subrecipient as a result of allegations of fraud, waste or abuse are ineligible for reimbursement under
this or any other agreement between Subrecipient and the County.
Maintenance of Financial Records
Recipient must maintain auditable financial records per generally accepted accounting principles and in
accordance with OAR 309-013-0075 through 0220 and in sufficient detail to permit County or the State to
verify how any payments received under this Agreement were expended.
1
ECATS ATTACHMENT R-IGA For use with IGAs only
DocuSign Envelope ID:29AF055A-9B24-4E06-9902-74B12FE20F09
Attachment R
Access to Records
Recipient agrees to permit a program reviewer or an auditor of the Federal, State, or County government or their
agents to have access to records and financial statements as may be necessary. Access to records by the County
or State may be with notice or without notice. Any refunds to or disallowances by the Federal Government, the
State, or the County resulting from audits shall be the sole responsibility of Recipient for payment to the Federal
Government, the State, or the County.
Cost Principles
The parties agree to comply with any applicable cost principles established for determining the allowable costs
incurred as set forth in 2 CFR 200 (Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards), OR circulars superseded by 2 CFR 200 (OMB Circular A-87 (State and
Local Governments), OMB Circular A-122 (Nonprofit Organizations), OMB Circular A-21 (Institutions of
Higher Learning), 45 CFR Part 74 (Appendix E Hospitals), FAR 48 Subpart 31.2 (For profit Organizations).
The parties further agree to comply with, as applicable, the administrative standards for grants set forth in 2
CFR 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards).
Financial Reports
Recipients determined to be sub-recipients of Federal funds who receive Federal awards during the current
contract year from County shall provide County with a Financial Report prepared in accordance with generally
accepted accounting principles upon which an independent certified public accountant has expressed an
opinion. Such report shall account for funds received during the County's fiscal year, July 1 through June 30, or
any part of the County's fiscal year occurring during the term of this Agreement. The report must be submitted
within six months of the Recipient's fiscal year end. If the Recipient is unable to meet the deadline, they may
request, in writing, an extension of up to three months. Failure to provide County with the annual Financial
Report may result in withholding of payments due to the Recipient or termination of this agreement. If the
Recipient has a different fiscal year from the County, then the report shall account for funds received during the
Recipient's fiscal year.
Expenditure Records
Recipient shall document the expenditure of all funds paid to Recipient under this Agreement.
Unless applicable federal law requires Recipient to utilize a different accounting system,
Recipient shall create and maintain all expenditure records in accordance with generally accepted
accounting principles and in sufficient detail to permit County to verify how the funds paid to
Recipient under this contract were expended.
2
ECATS ATTACHMENT R-IGA For use with IGAs only
DocuSign Envelope ID:29AF055A-9B24-4E06-9902-74B12FE20F09
Attachment R
I. Government Entity (Recipient) shall comply with all applicable provisions below.
(A)Administrative, contractual, or legal remedies are addressed in the Intergovernmental Agreement
(Sections 6, 8, 9, and 10) as well as any other applicable provisions in the Agreement and Attachments
(B) Termination provisions are addressed in the Intergovernmental Agreement(Section 6) as well as any
other applicable provisions in the Agreement and Attachments
(C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
"Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
(D)Davis-Bacon Act, as amended(40 U.S.C. 3141-3148). If required by the federal funding source and if
this Agreement is a prime construction contract in excess of $2,000, Recipient shall comply with the
Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5 "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). If this section applies, Recipient must pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made by the
Secretary of Labor. In addition, Recipient must pay wages not less than once a week. If applicable, the
County will place a copy of the current prevailing wage determination issued by the Department of
Labor in the solicitation. The decision to award a Contract is conditioned upon the acceptance of the
wage determination. If applicable, the County will place a copy of the current prevailing wage
determination issued by the Department of Labor in the solicitation. If applicable, Recipient must accept
the wage determination. If applicable, County will report all suspected or reported violations by
Recipient to the Federal awarding agency. If applicable, Recipient must comply with the Copeland
"Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Government Entitys and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). The Act provides that each Recipient is
prohibited from inducing, by any means, any person employed in the construction, completion, or repair
of public work, to give up any part of the compensation to which he or she is otherwise entitled. If
applicable, County will report all suspected or reported violations by Recipient to the Federal awarding
agency.
(E) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). If the amount of this
contract exceeds $100,000 and involves the employment of mechanics or laborers Recipient shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
3
ECATS ATTACHMENT R-IGA For use with IGAs only
DocuSign Envelope ID:29AF055A-9B24-4E06-9902-74B12FE20F09
Attachment R
Part 5). Under 40 U.S.C. 3702 of the Act, if applicable, Recipient shall compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the funding for this Contract meets
the definition of"funding agreement"under 37 CFR 401.2(a) and Contract is a small business firm or
nonprofit organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under this Agreement, Recipient must comply with the requirements of
37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the federal awarding agency.
(G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387). If the amount of this contract exceeds $150,000 Recipient shall comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the
Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations shall be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
(H)Debarment and Suspension (Executive Orders 12549 and 12689).
Government Entity Certification Regarding Debarment, Suspension, Proposed Debarment and other
Responsibility Matters. The Government Entity certifies to the best of its knowledge and belief that
neither it nor any of its principals:
a. Are presently debarred, suspended,proposed for debarment, or declared ineligible from
submitting bids or proposals by any federal, state or local entity, department or agency;
b. Have within a three-year period preceding this offer, been convicted or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performance of a public (Federal, state or local) contract or
subcontract; violation of Federal or state antitrust statues relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statement, tax evasion, or receiving stolen property;
c. Are presently indicted for, or otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in paragraph 15.2 of this certification;
d. Have within a three-year period preceding this offer, had one or more contracts terminated for
default by any Federal, state or local public agency.
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ECATS ATTACHMENT R-IGA For use with IGAs only
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e. Are on the list titled"Specially Designated Nationals and Blocked Persons" maintained by the
Office of Foreign Assets Control of the United States Department of the Treasury and currently
found at: hqp://www.treas.gov/offices/enforcement/ofac/sdn/tllsdn.pdf
f. Are out of compliance with the tax laws of Oregon and all tax laws of political subdivisions of
the State of Oregon, including, but not limited to, ORS 305.620 and ORS chapters 316, 317 and
318. Washington County may terminate the contract if Government Entity fails to comply with
any tax laws during the term of the contract.
(I) 2 CFR Section 200.322 Procurement of recovered materials. Government Entity must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
(J) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) By signing this Agreement, the Recipient
certifies,to the best of the Recipient's knowledge and belief that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of Recipient, to
any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any federal contract, grant, loan
or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan or cooperative agreement, the Recipient shall
complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance
with its instructions.
c. The Recipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients and subcontractors shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed when this
Agreement was made or entered into. Submission of this certification is a prerequisite for
making or entering into this Agreement imposed by section 1352, Title 31 of the U.S. Code. Any
5
ECATS ATTACHMENT R-IGA For use with IGAs only
DocuSign Envelope ID:29AF055A-9B24-4E06-9902-74B12FE20F09
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person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
e. No part of any federal funds paid to Recipient under this Agreement shall be used, other than for
normal and recognized executive legislative relationships, for publicity or propaganda purposes,
for the preparation, distribution before the United States Congress or any State or local
legislature itself, or designed to support or defeat any proposed or pending regulation,
administrative action, or order issued by the executive branch of any State or local government.
f. No part of any federal funds paid to Recipient under this Agreement shall be used to pay the
salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to
any activity designed to influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive Order proposed or pending before the United States Congress
or any State government, State legislature or local legislature or legislative body, other than for
normal and recognized executive-legislative relationships or participation by an agency or officer
of a State, local or tribal government in policymaking and administrative processes within the
executive branch of that government.
g. The prohibitions in subsections 5 and 6 of this section shall include any activity increase, or any
proposed,pending, or future requirement or restriction on any legal consumer product, including
its sale or marketing, including but not limited to the advocacy or promotion of gun control.
h. No part of any federal funds paid to Recipient under this Agreement may be used for any activity
that promotes the legalization of any drug or other substance included in schedule I of the
schedules of controlled substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive congressional communications. This limitation
shall not apply when there is significant medical evidence of a therapeutic advantage to the use
of such drug or other substance or that federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
II. FEMA Required Language:
(A) To be eligible for FEMA assistance under the County's FEMA grant or cooperative agreement, the cost
of the change, modification, change order, or construction change must be allowable, allocable, within
the scope of the County's grant or cooperative agreement, and for the completion of project scope. All
changes to this Agreement to alter the method, price or schedule of work must be approved by written
amendment to this Agreement signed by both parties.
(B) Access to Records: In addition to any other term or condition regarding access to records in this
Agreement, Government Entity agrees to provide the FEMA administrator, the Comptroller General of
the United States, or any of their authorized representatives access to any books, documents,papers, and
records of the Government Entity which are directly pertinent to this Agreement for the purposes of
making audits, examinations, excerpts, and transcripts. The Government Entity agrees to permit any of
the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as
6
ECATS ATTACHMENT R-IGA For use with IGAs only
DocuSign Envelope ID:29AF055A-9B24-4E06-9902-74B12FE20F09
Attachment R
reasonably needed. The Government Entity agrees to provide the FEMA Administrator or his/her
authorized representatives access to construction or other work sites pertaining to the work being
completed under the Agreement.
(C)Government Entity shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
(D)Government Entity acknowledges that FEMA financial assistance will be used to fund this Agreement
only and can be used for no other purposes. Government Entity will comply with all applicable federal
law, regulations, executive orders, FEMA policies, procedures, and directives.
(E) The Federal Government is not a party to this Agreement and is not subject to any obligations or
liabilities to the County, Government Entity, or any other party pertaining to any matter resulting from
this Agreement.
(F) Government Entity acknowledges that 31 USC Chapter 38 (Administrative Remedies for False Claims
and Statements) applies to Government Entity's actions pertaining to this Agreement.
IIL HIPAA Compliance. If the work performed under this Contract is covered by the Health Insurance
Portability and Accountability Act or the federal regulations implementing the Act(collectively referred to as
HIPAA), Government Entity agrees to perform the work in compliance with HIPAA.
7
ECATS ATTACHMENT R-IGA For use with IGAs only
DocuSign Envelope ID:29AF055A-9B24-4E06-9902-74B12FE20F09
Attachment R
Information Required by 2 CFR 200.331 (a)
1. CFDA Number: 21.019
CFDA Name: CARES Act- Coronavirus Relief Fund
Amount $ 10,000,000.00
2. Federal Award Identification:
i. Contractor name (must match DUNS name):
City of Tigard
ii. Contractor DUNS number: 080105646
iii. Federal Award Identification Number(FAIN): N/A
iv. Federal Award Date: March 27, 2020
V. Sub-Award Period of Performance Start/End Dates: From: Aug To:Nov
vi. Total Amount of Federal Funds Obligated by $ 1,631,000.00
this Agreement:
vii. Total Amount of Federal Award Obligated to $ 1,781,000.00
the Subrecipient by the pass-through Entity:
viii. Total Amount of Federal Award Committed to $ 2,127,999.00
the Subrecipient by the pass-through Entity:
ix. Federal Award Project Description:
The Small Business Grant Program is to provide CARES Act-CRF Funds to local cities to fund grants to small
businesses effected by COVID-19.
X. Name of Federal Awarding Agency,pass-through Entity, and contact information for awarding
official of the pass-through entity:
a. Name of Federal Awarding Agency: U. S. Treasury
b. Name of pass-through Entity: Washington County, OR
c. Contact information for awarding official of the pass-through Entity:
Sia Lindstrom sia_lindstrom@co.washington.or.us
xi. Washington County Program Name:
Small Business Grant Program
xii. Is Award R&D? Yes ❑
xiii. Indirect Cost Rate for Federal Award: 0%
8
ECATS ATTACHMENT R-IGA For use with IGAs only
DocuSign Envelope ID:29AF055A-9B24-4E06-9902-74B12FE20F09
XON cOG
AGENDA
ADDED ITEM
ORFGOa WASHINGTON COUNTY BOARD OF COMMISSIONERS
Agenda Category: Consent—County Administrative Office
Agenda Title: AUTHORIZE CONTRACT WITH MESO AND AGREEMENTS WITH CITIES
WITHIN WASHINGTON COUNTY FOR ECONOMIC STABILIZATION
Presented by: Alex Vidal, Assistant to the Board of Commissioners
John Southgate, Economic Development Consultant
SUMMARY:
On June 2, 2020 the Board approved the Business Assistance Workgroup recommendations for
CARES Act funding to include 10 million dollars for small business support. The workgroup
recommends contracting with Micro Enterprise Services of Oregon (MESO) and executing
intergovernmental agreements with cities within Washington County to disburse the grant
funding. This contract and agreements will allow the timely allocation of funds throughout
Washington County. MESO will issue and track grants to small businesses in unincorporated
Washington County. The Agreements with Cities will require that they submit their program plans
for review and approval by the workgroup, that the city programs prioritize diversity, equity and
inclusion, and that all their marketing materials acknowledge the County as the funder. The
agreements will authorize the issuance and tracking of grants to small businesses within their City
limits.
ADDITIONAL INFORMATION:
Community Feedback (Known Support/Opposition):
Legal History/Prior Board Action:
Budget Impacts:
COUNTY ADMINISTRATOR'S RECOMMENDATION:
Authorize agreements with MESO and the Washington County cities to disperse CARES Act
economic stability funding in Washington County and authorize the County Administrator to
execute the agreements.
Agenda Item No. 2.u.
Date: 06/23/20
121
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
uyGl O.y�.OG
3� K Washington County Subrecipient Pre-award
Risk Assessment Form
CFDA No 21.019 Program Title Washington County-CRF-Small Business Grant Program
Attachment R: Pre-Award Risk Assessment Monitoring Plan This attachment is made apart of this contract. Sub-recipient
agrees to perform these additional monitoring items listed below to comply with 2 CFR 200.331(e).
(Please be sure to include this page with the contract packet for this subrecipient.)
We have reviewed City of Tigard's 18/19 CAFR and their grant program plan,application, and process for awarding the funds
o beneficiaries,and will be collecting all documents and performing a spot-check audit on documents to ensure compliance
with CARES Act-CRF requirements.Any discrepancies will be handled according to the IGA which obligated the funds from
Washington County, and any amount for expenditures found to be ineligible shall be refunded to Washington County to be
returned to Department of Treasury. Monitoring will be based on the required reports in the IGA.
Click Here to Go Back to Page 1
Last Update 02/14/19 Page 6 of 6
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
CERTIFICATE OF COVERAGE
Agent This certificate is issued as a matter of
information only and confers no rights upon
Brown & Brown Northwest the certificate holder other than those
2701 NW Vaughn St, Ste. 340 provided in the coverage document. This
Portland, OR 97210 certificate does not amend,extend or alter
the coverage afforded by the coverage
www.bbnw.com documents listed herein. cltycounty insurance services
Named Member or Participant Companies Affording Coverage
Clt of Tigard COMPANY A-CIS
1325 SW Hall Blvd COMPANY B-National Union Fire Insurance Co
Tigard OR all Bl COMPANY C-RSUI Indemnity
COMPANY D-Federal Insurance Company 20281
LINES OF COVERAGE
This is to certify that coverage documents listed herein have been issued to the Named Member herein for the Coverage period indicated. Not withstanding any requirement,term
or condition of any contract or other document with respect to which the certificate may be issued or may pertain,the coverage afforded by the coverage documents listed herein is
subject to all the terms,conditions and exclusions of such coverage documents.
Company Certificate Effective Termination
Type of Coverage Letter Number Date Date Coverage Limit
General Liability General Aggregate: $30,000,000
✓ Commercial General Liability A 20LTIG 7/1/2020 7/1/2021 Each Occurrence: $10,000,000
✓ Public Officials Liability
✓ Employment Practices
✓ Occurrence
Auto Liability General Aggregate: None
✓ Scheduled Autos A 20LTIG 7/1/2020 7/1/2021 Each Occurrence: $10,000,000
✓ Hired Autos
✓ Non-Owned Autos
Auto Physical Damage
✓ Scheduled Autos A 20APDTIG 7/1/2020 7/1/2021
✓ Hired Autos C
✓ Non-Owned Autos
✓ Property C 20PTIG 7/1/2020 7/1/2021 Per Filed Values
A
✓ Boiler and Machinery D 20BTIG 7/1/2020 7/1/2021 Per Filed Values
Excess Liability
✓ Excess Crime B 20ECTIG 7/1/2020 7/1/2021 Per Loss $1,000,000
✓ Excess Earthquake C 20EQTIG 7/1/2020 7/1/2021 Each Occurrence $5,000,000
✓ Excess Flood C 20FTIG 7/1/2020 7/1/2021 Each Occurrence $5,000,000
Excess Cyber Liability Occurrence/Aggregate:
Workers'Compensation
Description:
Operations of Named Member as respects IGA-Reimbursement Program and Small Business Emergency Assistance through December 31,2020.
Subject to policy terms,conditions and exclusions.
Certificate Holder: CANCELLATION:Should any of the coverage documents herein be cancelled before the
expiration date thereof,CIS will provide 30 days written notice to the certificate holder
named herein,but failure to mail such notice shall impose no obligation or liability of any
Washington County kind upon CIS,its agents or representatives,or the issuer of this certificate.
155 North First Avenue, Suite 270
Hillsboro OR 97124
By: Ron Cutter Date: 7/1/2020
56363369 1 20-21 CIS Certificate I Cathi Pham 1 7/1/2020 10:39:19 AM (PDT) I Page 1 of 1
DocuSign Envelope ID:29AF055A-9824-4E06-9902-74B12FE20F09
For Administrative Use Only—Z99999
Supplier Name: City of Tigard
Actual Contract Number(CustomText4):20-1320
Department(Location): SS-Finance
Contract Type: 8 Agreements
Contract Sub Type(Custom2Code): IGA:Intergovernmental Agreement
Minute Order Date:
Minute Order Number:
Master Contract Number(CustomTextl): 20-1320
Bid/RFP#(BidRFP):
BPO Number(CustomlCode): Expense Contract
SHIP TO(LocShipTo): SS-Finance
BILL TO(LocBillTo): SS-Finance
Project Number(CustomText2):
Chargeable Program Number(ChargeProgram):
Contract Admin(Administrator): Will Culver
2019 WASHINGTON COUNTY-ARCHIVE RECEIPT
Docu5�".
6 S E C U R E 6
Certificate Of Completion
Envelope Id:29AF055A9B244E06990274B12FE20F09 Status:Completed
Subject: Please DocuSign:Contract#20-1320:City of Tigard
Source Envelope:
Document Pages:21 Signatures:5 Envelope Originator:
Certificate Pages:5 Initials:0 Kittie Kong
AutoNav: Enabled 155 N. First Ave,Suite 270
Envelopeld Stamping: Enabled MS28
Time Zone: (UTC-08:00)Pacific Time(US&Canada) Hillsboro,OR 97124-3087
kittie_kong@co.washington.or.us
IP Address:204.147.152.15
Record Tracking
Status:Original Holder:Kittie Kong Location: DocuSign
8/6/2020 10:27:18 AM kittie_kong@co.washington.or.us
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status:Connected Pool:Washington County Location: DocuSign
Signer Events Signature Timestamp
Shelby Rihala PgQ
DocuSignedby: Sent:8/6/2020 10:31:17 AM
shelbyr@tigard-or.gov A v�"'Q'u' Viewed:8/6/2020 11:21:24 AM
Security Level: Email,Account Authentication 7E634BBE55324AE Signed:8/6/2020 11:24:11 AM
(None),Access Code
Signature Adoption: Pre-selected Style
Using IP Address:208.71.205.129
Electronic Record and Signature Disclosure:
Accepted:8/6/2020 11:21:24 AM
ID:a0fOc23b-efa7-4fe0-87a1-ec082e9fc10d
Marty Wine ED...Signedby: Sent:8/6/2020 11:24:14 AM
Marty@tigard-or.gov 1•aV"f� (AVAI Viewed:8/6/2020 2:19:46 PM
city Manager E156374D,74D4E9 Signed:8/6/2020 2:19:58 PM
Security Level: Email,Account Authentication
(None),Access Code Signature Adoption: Pre-selected Style
Using IP Address:208.71.205.129
Electronic Record and Signature Disclosure:
Accepted:8/6/2020 2:19:46 PM
ID:b340a721-fl93-4b3d-al30-5beflc2fl6e3
Kevin Moss ED—Si,ned by: Sent:8/6/2020 2:20:01 PM
kevin_moss@co.washington.or.us "V" Russ Viewed:8/6/2020 3:14:20 PM
Securit Level: Email Account Authentication 20BA50986BD34E3 Signed:8/6/2020 3:14:32 PM
Y 9
(None),Access Code
Signature Adoption: Pre-selected Style
Using IP Address:204.147.152.15
Electronic Record and Signature Disclosure:
Accepted:8/6/2020 3:14:20 PM
ID:882f9c69-2e0b-4750-be73-e49b45a301b9
Cortney Duke-Driessen CC6"
DoauSignedby Sent:8/6/2020 3:14:36 PM
Cortney_Duke-Driessen@co.washington.or.us 0I,�t,-0Vlt,SSI. Viewed:8/6/2020 3:22:00 PM
County Counsel 9F39251F7AB940c Signed:8/6/2020 3:22:13 PM
Washington County,Oregon
Signature Adoption: Pre-selected Style
Security Level: Email,Account Authentication
(None),Access Code Using IP Address:204.147.152.5
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sia Lindstrom EDO-Sign1d
ia �tnS{VOby. Sent:8/6/2020 3:22:16 PM
sia_lindstrom@co.washington.or.us m Viewed:8/6/2020 7:38:30 PM
Deputy County Administrator 7AFF957c9D2943D... Signed:8/6/2020 7:39:02 PM
Washington County,Oregon
Signature Adoption: Pre-selected Style
Security Level: Email,Account Authentication
(None),Access Code Using IP Address:204.147.152.15
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/6/2020 3:22:16 PM
Certified Delivered Security Checked 8/6/2020 7:38:30 PM
Signing Complete Security Checked 8/6/2020 7:39:02 PM
Completed Security Checked 8/6/2020 7:39:02 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 1/18/2019 1:30:30 PM
Parties agreed to:Shelby Rihala,Marty Wine,Kevin Moss
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO SHI OBO Washington County(we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
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(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
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If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
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Consequences of changing your mind
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speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure,we prefer to provide all of the required
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the paper mail delivery system. If you do not agree with this process,please let us know as
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How to contact Carahsoft OBO SHI OBO Washington County:
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to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: tina—hartmeier@co.washington.or.us
To advise Carahsoft OBO SHI OBO Washington County of your new email address
To let us know of a change in your email address where we should send notices and disclosures
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email address, full name, mailing address, and telephone number. We will bill you for any fees at
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To withdraw your consent with Carahsoft OBO SHI OBO Washington County
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
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must state your email, full name, mailing address, and telephone number. We do not need any
other information from you to withdraw consent.. The consequences of your withdrawing
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The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: haps://support.docusi n�guides/signer-_uide-
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read this ERSD, and(i) that you are able to print on paper or electronically save this ERSD for
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if you consent to receiving notices and disclosures exclusively in electronic format as described
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• Until or unless you notify Carahsoft OBO SHI OBO Washington County as described
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